How To Register Land As Farm Land

How to register unregistered land

When will land have been registered?

Since 1998, there has been a legal requirement for compulsory registration of land purchased and otherwise transferred – including by way of gift, inheritance, mortgage and and then on. This means that anything giving rise to the transfer of ownership of land or property must be completed past formal registration at HM Land Registry. This must exist done within three months.

Is unregistered land a bad thing?

Unregistered land is non necessarily a lesser form of legal title or ownership than registered state. For instance, the country may take been inherited or given to the existing owner earlier 1998 when at that place was no requirement for compulsory registration (except in the case of a sale and other express circumstances).

However, in some cases a purchaser of unregistered land may insist on the country being registered at the Land Registry before going ahead. This is washed past an awarding for Start Registration. This can exist done by a lay person but specialist legal communication is appropriate. The purchase and registration of unregistered land will need to exist carried out by a specialist property solicitor.

Making an application for start registration

To complete an application, it is of import to locate all the deeds of the property. The deeds are all the documents relating to the property and the owners' ownership of the holding which can be used to prove an unbroken chain of ownership, right upwards to the electric current owner's correct to sell the land. These deeds may include:

Conveyances and transfers;
Plans of the holding;

Grants of probate;
Death certificates;
Mortgage deeds;
Deeds of easement;

Deeds of restrictive covenants;
Memoranda showing sales of part;
Mortgage notes, loans and confirmation of payment;
Statutory declarations;
A lease, if the belongings is leasehold, and;
Anything else the State Registry will crave to deduce title.

Plans are ofttimes critical to prove the extent of the land that is to be registered. Where the state has always remained i plot with no parts having been sold off, the plan with the original conveyance will exist particularly important. This plan volition be used by the Land Registry to determine the boundaries of the land being registered.

Plans are besides vital to show any changes in the borders, for instance, where parts have been sold off previously.

Root of Championship

The ´Root of Title´ is the document that is being relied on to prove legal buying of the holding and is oft the original conveyance. Sometimes, it is a subsequent conveyance. A 'proficient' Root of Title is one that shows both legal and beneficially ownership of the then owner/s, so an assent or deed of gift is not skillful enough.

All subsequent conveyances and other documents, every bit listed above, should be produced ('deduced') showing an unbroken chain of legal ownership of the championship – catastrophe with the certificate that is prove of the current legal owner's legal right to sell the property.

If yous are buying unregistered land, the contract will bear witness the certificate that will be produced to the Land Registry as the root of title. Your solicitor volition already have seen a copy.

Epitome of Title

An Prototype of Title is a document listing all the title deeds and documents showing the holding in chronological order, first with the Root of Title. The Epitome is important as it sets out clearly the chain of buying for the Land Registry and the solicitors involved. If you lot have recently inherited land, or are seeking to register land which is currently unregistered, you may find an existing Epitome of Championship which will make a auction/showtime registration easier for you as you will merely need to ensure it is up to appointment and complete.

If you are creating your own Epitome of Championship, you demand but to state the blazon of document, the appointment, title and parties – and then enter in the details from those deeds/documents. You will need to show at least fifteen years of ownership – and make sure the chain is unbroken.

Epitomes can be simple, or they tin be circuitous. A very simple Image may, for instance, contain an original conveyance from 1955 to the late legal possessor, and a Grant of Probate giving the seller the legal right to sell the property today equally executor. The 1955 Epitome will be a good Root of Title, and there is an unbroken chain of buying.

On the other paw, a lengthy Epitome can include conveyances, sales of part, a death certificate, and other documents over a period of decades.

First Registration with the Land Registry

A FR1 form tin can be downloaded from the Land Registry website which you need to complete and submit to the Land Registry, forth with the Epitome of Championship and the payment required. A list of fees is bachelor on the Land Registry website (or you lot tin contact your local function). Make sure your contact information is correctly recorded on the FR1 Class, as the State Registry may need to contact yous for farther information or clarification.

After registration

The State Registry will advise you if they require further documentation, or if your registration has been successful. When registration is consummate they will transport you a re-create ('Part Copies') of the Registered Title. It is important that you lot check the details carefully, such as the spelling of your proper name, the location of the property and the correct dates. This information will be important for when you sell the property in the future. It is too of import to check that you have been granted Absolute Championship – which you should take if your deeds proved absolute ownership of the holding.

If whatever deeds are lost, or the chain of championship is incomplete, Possessory Title will be given – this can be upgraded to Absolute Title subsequently 12 years.

Nicola Laver LLB

A non-practising solicitor, Nicola is too a fully qualified journalist. For the past 20 years, she has worked as a legal journalist, editor and author.